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(영문) 대구지방법원 2019.05.09 2019고단227
공용물건손상미수등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. 공용물건손상미수 피고인은 2018. 9. 26. 00:25경 경산시 B 아파트 C동 앞 노상에서 ‘아들이 술을 마시고 행패를 부리니 도와달라’는 112 신고를 받고 출동한 경산경찰서 D파출소 소속 경위 E이 피고인을 제지하자, ‘경찰서로 갑시다’라고 말하며 스스로 F 아반떼 순찰차의 뒷좌석에 탑승한 뒤 주먹과 발로 운전석 측 뒷좌석 유리창을 수회 때리고, 위 순찰차에서 내려 트렁크를 발로 찼다.

Accordingly, the defendant tried to harm the utility of goods used by public offices, but did not commit it but did not commit an attempted crime.

2. While the Defendant was under the influence of alcohol as stated in the above Paragraph 1, the Defendant expressed that E during the process of questioning the case to the mother of the Defendant, who was the reporter, the police box affiliated with the police box of the Gyeongsan Police Station, expressed that he would be “this sponse, nite, nite,” and assaulted by her hand by spherbling his title, and spherbling his bat with her hand.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning the prevention, suppression and investigation of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to investigation reports (with respect to damage to public goods);

1. Relevant legal provisions concerning facts constituting an offense, Articles 143 and 141(1) of the Criminal Act ( point of attempted damage to public goods), Article 136(1) of the Criminal Act, and the choice of imprisonment with prison labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order, Article 62-2 of the Criminal Act, and Article 44-2(1) and subparagraph 2 of Article 2-3 of the Medical Treatment and Custody, etc. Act do not have any record of criminal punishment except home protection cases transfer on September 2016, the Defendant recognized the instant crime and reflects it, and treatment of the Defendant for alcohol drinking habit.

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